Selling house, how likely is it creditors will put charge on property before completion?

[potnoodle]

What does a CCA request do though if they can just come up with a reconstructed one and the Judge allows that?

[potnoodle]

DX i wasnt going to i was going to hide but it appears that strategy is flawed!

[dx100uk]

I meant the plan we have going now.

 

not your old one.

 

dx

[fletch70]

If the credit card agreement was signed prior to April 2007 then if it is not technically correct they would not be able to enforce it. If you send a request off regardless of when it was taken out then once the 14 working days have passed they can not enforce until they have complied.

 

One possibility is to hold your nerve until nearer the time and then send out a CCA request

[potnoodle]

Hmm both the AK ones are down as started in Oct 2012, even though the debts are much older than that so would the cca request thing still work? the other ones are nov 2007

[potnoodle]

If they dont catch me until April 2014 how does that change things with new legistlation?

[dx100uk]

the other is to let things ride for now

 

have mail redirect in place and

 

THEN send a cca request if anything does happen.

 

before you are settled and ready to take on the battles.

 

i'd pers not be pulling their tails if all you've had to date is a series of std threat-o-grams and discount letters.

 

yet again another newbie and their thread is no doubt going end with them getting utterly confused..............

[potnoodle]

So if i can stall exchange until the end of November, if I havent heard from them by then the chance of them getting a charge on the property by 10th Jan is very slim?

[fletch70]

Hmm both the AK ones are down as started in Oct 2012, even though the debts are much older than that so would the cca request thing still work? the other ones are nov 2007

 

I would think that is when they actually bought the debt. The real start date will never change

 

If they dont catch me until April 2014 how does that change things with new legistlation?

 

What new legislation are you talking about?

 

 

I am not trying to confuse anyone , although on reflection I would think DX's latest idea may be a good one. Let sleeping dogs lie until/if they send out a letter of claim or otherwise actually issue a claim. When you have completed then maybe it's time to negotiate or send out requests.

[potnoodle]

Ok, if they do issue a claim though, i assume there will be a court date? if this is before 10th Jan can I stall them by asking for the CCA which would change the court date? or could I ask for the hearing to be put forward until i had gathered the information i was requesting?

[dx100uk]

you'd have fair warning they are even thinking of issuing a claim.

 

they have to go through a set procedure of letters.

as long as you setup mail redirect

 

i'd pers leave things till you are moved and settled.

 

if you get twitchy about any letters you get

 

post them up.

 

dx

[fletch70]

If they were to make a claim you have 28 days from receiving the claim to enter your defence and then there will be more time after that so yes plenty of time. Agree with DX, leave it alone for now but post again if you get any letters.

Remember many letters will be ifs and mays and coulds as opposed to will and when and are designed to scare you

[potnoodle]

Ok thanks again for replies thats reassuring knowing I will have 28 days if the worst comes to it my buyers will have to bring completion date forward and I will have to pay their rent for a month, but being over christmas hopefully it won't come to that I guess I am just over worrying but sods law and all that huh!

Thanks again

[renegadeimp]

The time line is 28 days for the claim to go through the process. Then a hearing where the claimant has to win. If they do then theres a period of 28 days before a judgement is registered.

 

After that the claimant can apply for enforcement orders but the courts will normally give you opportunities to pay according to your means unless its a huge amount. None of yours are.

[potnoodle]

Ah ok, so it's not all done and dusted the day of the hearing then, that's great news means i can exchange in mid November as planned. many thanks!

[renegadeimp]

If they were to issue proceedings on monday morning, youd probably get the judgement end of jan. Especially after the process and 28 days post judgment, then having to contact the court for enforcement proceedings. And thats IF they hold the right paperwork needed to enforce court action. Not to mention christmas break.

Edited November 1, 2013 by renegadeimp

[potnoodle]

Thats great news I can stop stressing on that one at least many thanks